The Federal Courts

Author : Martine Valois,Ian Greene,Craig Forcese,Peter McCormick
Publisher : Irwin Law
Page : 128 pages
File Size : 48,6 Mb
Release : 2021-10
Category : Electronic
ISBN : 1552215474

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The Federal Court of Appeal and the Federal Court by Martine Valois,Ian Greene,Craig Forcese,Peter McCormick Pdf

The Federal Court of Appeal and Federal Court are unique among Canada's courts because they are itinerant -- they hear cases in all parts of Canada -- as well as being bilingual and bijural. This book was prepared for the celebration of the fiftieth anniversary of the Federal Courts in 2021. Seventy-eight current and retired judges and prothonotaries on the two courts were interviewed and are referred to throughout the book. The authors present a brief history of these courts and their predecessor -- the Exchequer Court of Canada -- and an overview of the courts' jurisdiction, decision-making trends, and unique attributes. There are chapters on each of the courts' specialties -- administrative law, immigration and refugee law, intellectual property, security and intelligence, Indigenous issues, the environment, admiralty, labour and human rights, and tax. Chief Justice Noël and Chief Justice Crampton each contribute a chapter. The preface is by Justice Frank Iacobucci and the epilogue by Justice Robert Décary.

Author : Arthur D. Hellman,Lauren Robel
Publisher : Unknown
Page : 1494 pages
File Size : 46,6 Mb
Release : 2005
Category : Law
ISBN : STANFORD:36105063937432

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Federal Courts by Arthur D. Hellman,Lauren Robel Pdf

Author : Nicholas Theodore Aroney,John Kincaid
Publisher : University of Toronto Press
Page : 600 pages
File Size : 51,7 Mb
Release : 2017-04-24
Category : Law
ISBN : 9781487511487

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Courts in Federal Countries by Nicholas Theodore Aroney,John Kincaid Pdf

Courts are key players in the dynamics of federal countries since their rulings have a direct impact on the ability of governments to centralize and decentralize power. Courts in Federal Countries examines the role high courts play in thirteen countries, including Australia, Brazil, Canada, Germany, India, Nigeria, Spain, and the United States. The volume’s contributors analyse the centralizing or decentralizing forces at play following a court’s ruling on issues such as individual rights, economic affairs, social issues, and other matters. The thirteen substantive chapters have been written to facilitate comparability between the countries. Each chapter outlines a country’s federal system, explains the constitutional and institutional status of the court system, and discusses the high court’s jurisprudence in light of these features. Courts in Federal Countries offers insightful explanations of judicial behaviour in the world’s leading federations.

Author : Richard A. Posner
Publisher : Harvard University Press
Page : 436 pages
File Size : 51,6 Mb
Release : 1999-09-15
Category : Law
ISBN : 0674296273

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The Federal Courts by Richard A. Posner Pdf

Drawing on economic and political theory, legal analysis, and his own extensive judicial experience, Posner sketches the history of the federal courts, describes the contemporary institution, appraises concerns that have been expressed with their performance, and presents a variety of proposals for both short-term and fundamental reform.

Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 48,9 Mb
Release : 2021
Category : Court rules
ISBN : 1663319006

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Federal Rules of Court by Anonim Pdf

Author : Peter Charles Hoffer,Williamjames Hoffer,N. E. H. Hull
Publisher : Oxford University Press
Page : 561 pages
File Size : 41,8 Mb
Release : 2016
Category : Law
ISBN : 9780199387908

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The Federal Courts by Peter Charles Hoffer,Williamjames Hoffer,N. E. H. Hull Pdf

There are moments in American history when all eyes are focused on a federal court: when its bench speaks for millions of Americans, and when its decision changes the course of history. More often, the story of the federal judiciary is simply a tale of hard work: of finding order in the chaotic system of state and federal law, local custom, and contentious lawyering. The Federal Courts is a story of all of these courts and the judges and justices who served on them, of the case law they made, and of the acts of Congress and the administrative organs that shaped the courts. But, even more importantly, this is a story of the courts' development and their vital part in America's history. Peter Charles Hoffer, Williamjames Hull Hoffer, and N. E. H. Hull's retelling of that history is framed the three key features that shape the federal courts' narrative: the separation of powers; the federal system, in which both the national and state governments are sovereign; and the widest circle: the democratic-republican framework of American self-government. The federal judiciary is not elective and its principal judges serve during good behavior rather than at the pleasure of Congress, the President, or the electorate. But the independence that lifetime tenure theoretically confers did not and does not isolate the judiciary from political currents, partisan quarrels, and public opinion. Many vital political issues came to the federal courts, and the courts' decisions in turn shaped American politics. The federal courts, while the least democratic branch in theory, have proved in some ways and at various times to be the most democratic: open to ordinary people seeking redress, for example. Litigation in the federal courts reflects the changing aspirations and values of America's many peoples. The Federal Courts is an essential account of the branch that provides what Massachusetts Supreme Judicial Court Judge Oliver Wendell Homes Jr. called "a magic mirror, wherein we see reflected our own lives."

Author : Michael Finch,Caprice L. Roberts,Michael P. Allen
Publisher : Aspen Publishing
Page : 1116 pages
File Size : 50,7 Mb
Release : 2020-02-02
Category : Law
ISBN : 9781543817485

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Federal Courts by Michael Finch,Caprice L. Roberts,Michael P. Allen Pdf

Federal Courts: Context, Cases, and Problems, Third Edition by Michael Finch, Caprice L. Roberts and Michael P. Allen is an innovative, highly accessible casebook that features problems, cases connected by narrative text, charts, and graphs, all presented in a manner suited to multiple teaching approaches. New to the Third Edition: Updates to each chapter with key cases, text additions, and doctrinal developments, e.g. Markazi, Patchak, diversity jurisdiction via removal, and Ziglar v. Abbasi. New incorporation of thoughtful revisions to streamline comprehension and eliminates unnecessary explorations based on adopter feedback while maintaining all seminal cases. Updated charts, graphs, and problems based on new data, statistics, and cases such as Facebook, Spokeo, Sprint v. Jacobs, and McDonough v. Smith. Sharpened case excerpts to enhance reading assignments and deepen discussions. Professors and students will benefit from: Application opportunities with the included Reference Problems, questions, and additional problems. Clarity of textual material that includes doctrinal highlights, decision trees, diagrams, charts, and other dynamic visual aids. Crisp, insightful case excerpts with helpful connecting explanatory text. Teaching materials include: Teacher’s Manual Sample syllabi

Author : Larry W. Yackle
Publisher : Unknown
Page : 0 pages
File Size : 44,6 Mb
Release : 2017
Category : Actions and defenses
ISBN : 1611637430

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Federal Courts by Larry W. Yackle Pdf

This book identifies and explores the major problems now under discussion in law school courses typically denominated "Federal Courts" or "Federal Jurisdiction." It anticipates the questions that law faculty are likely to raise in class and gives students a head start in building satisfying responses. This book also functions as an update of Professor Yackle's previous book, entitled Federal Courts. The third edition of that book appeared in 2009.

Author : Larry W. Yackle
Publisher : Harvard
Page : 320 pages
File Size : 50,8 Mb
Release : 1994
Category : Appellate courts
ISBN : UOM:39015032715651

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Reclaiming the Federal Courts by Larry W. Yackle Pdf

Go ahead and try to make a federal case of it. That may seem to be your right, but as Yackle reveals, the guardians of that right don't see it that way. A systematic study of the role the federal courts play in enforcing the Constitution, this book shows how the current Supreme Court has undermined that role by restricting citizens' access.

Author : Larry W. Yackle
Publisher : Foundation Press
Page : 0 pages
File Size : 41,8 Mb
Release : 2010
Category : Appellate procedure
ISBN : 1599414996

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Federal Courts by Larry W. Yackle Pdf

The law school study aid Yackle's Federal Courts: Habeas Corpus examines federal court authority to review habeas petitions by state prisoners who claim they were convicted or sentenced in violation of their federal constitutional rights. Federal court authority under this heading has theoretical implications for the federal system, as well as practical significance for the implementation of constitutional standards in criminal cases, particularly in capital cases.

Author : Aziz Z. Huq
Publisher : Oxford University Press
Page : 193 pages
File Size : 44,6 Mb
Release : 2021
Category : LAW
ISBN : 9780197556818

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The Collapse of Constitutional Remedies by Aziz Z. Huq Pdf

"This book describes and explains the failure of the federal courts of the United States to act and to provide remedies to individuals whose constitutional rights have been violated by illegal state coercion and violence. This remedial vacuum must be understood in light of the original design and historical development of the federal courts. At its conception, the federal judiciary was assumed to be independent thanks to an apolitical appointment process, a limited supply of adequately trained lawyers (which would prevent cherry-picking), and the constraining effect of laws and constitutional provision. Each of these checks quickly failed. As a result, the early federal judicial system was highly dependent on Congress. Not until the last quarter of the nineteenth century did a robust federal judiciary start to emerge, and not until the first quarter of the twentieth century did it take anything like its present form. The book then charts how the pressure from Congress and the White House has continued to shape courts behaviour-first eliciting a mid-twentieth-century explosion in individual remedies, and then driving a five-decade long collapse. Judges themselves have not avidly resisted this decline, in part because of ideological reasons and in part out of institutional worries about a ballooning docket. Today, as a result of these trends, the courts are stingy with individual remedies, but aggressively enforce the so-called "structural" constitution of the separation of powers and federalism. This cocktail has highly regressive effects, and is in urgent need of reform"--

Author : J. Woodford Howard Jr.
Publisher : Princeton University Press
Page : 445 pages
File Size : 43,6 Mb
Release : 2014-07-14
Category : Law
ISBN : 9781400855452

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Courts of Appeals in the Federal Judicial System by J. Woodford Howard Jr. Pdf

Courts of Appeals were designed to be a unifying force in American law and politics, but they also contribute to decentralization and regionalization of federal law. Woodford Howard studies three aspects of this problem: first, what binds the highly decentralized federal courts into a judicial system; second, what controls the discretion of judges in making law and policy; and third, how can quality judicial decisions be maintained under heavy-volume pressure. Originally published in 1981. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Author : Jonathan R. Siegel
Publisher : Aspen Publishing
Page : 1179 pages
File Size : 40,7 Mb
Release : 2023-01-31
Category : Law
ISBN : 9781543858068

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Federal Courts by Jonathan R. Siegel Pdf

Federal Courts: Cases and Materials, Third Edition by Jonathan R. Siegel delivers rich, sophisticated coverage of the Federal Courts class with a clean, uncluttered presentation. Students learn from thoughtfully selected cases, carefully curated notes, and engaging discussion problems. Excellent case editing reduces cases to readable length while preserving their essential facts and arguments. The outstanding, comprehensive Teacher’s Manual is brimming with suggestions for teaching the material. Professors and instructors who have adopted the book for their classes have strongly praised the book and the Teacher's Manual. The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. New to the Third Edition: TransUnion LLC v. Ramirez (2021) (limiting Congress’s power to confer standing to seek statutory damages) Whole Woman’s Health v. Jackson (2021) (allowing state laws to evade pre-enforcement challenge) Rucho v. Common Cause (2019) (holding that gerrymandering presents a nonjusticiable political question) Egbert v. Boule (2022) (limiting the availability of Bivens actions) Professors and students will benefit from: Thoughtfully selected cases Notes that enhance understanding without being too dense Excellent case editing Engaging Discussion Problems, which help students determine whether they understand the rules and concepts presented

Author : Kenneth R. Foster,Peter W. Huber
Publisher : MIT Press
Page : 356 pages
File Size : 48,8 Mb
Release : 1999
Category : Law
ISBN : 0262561204

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Judging Science by Kenneth R. Foster,Peter W. Huber Pdf

Attempting to reconcile the law's need for workable rules of evidence with the views of scientific validity and reliability. What is scientific knowledge and when is it reliable? These deceptively simple questions have been the source of endless controversy. In 1993, the Supreme Court handed down a landmark ruling on the use of scientific evidence in federal courts. Federal judges may admit expert scientific evidence only if it merits the label scientific knowledge. The testimony must be scientifically reliable and valid. This book is organized around the criteria set out in the 1993 ruling. Following a general overview, the authors look at issues of fit--whether a plausible theory relates specific facts to the larger factual issues in contention; philosophical concepts such as the falsifiability of scientific claims; scientific error; reliability in science, particularly in fields such as epidemiology and toxicology; the meaning of scientific validity; peer review and the problem of boundary setting; and the risks of confusion and prejudice when presenting science to a jury. The book's conclusion attempts to reconcile the law's need for workable rules of evidence with the views of scientific validity and reliability that emerge from science and other disciplines.

Author : Elizabeth Mac Donald
Publisher : Unknown
Page : 400 pages
File Size : 47,7 Mb
Release : 2021-06
Category : Church and state
ISBN : 1912054728

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A Matter of Interpretation by Elizabeth Mac Donald Pdf

It's 13th-century Europe and a young monk, Michael Scot, has been asked by the Holy Roman Emperor to translate the works of Aristotle and recover his "lost" knowledge. The Scot sets to his task, traveling from the Emperor's Italian court to the translation schools of Toledo and from there to the Moorish library of Córdoba. But when the Pope deems the translations heretical, the Scot refuses to desist. So begins a battle for power between Church and State--one that has shaped how we view the world today.